{{In Nigeria, an Abuja Chief Magistrate Court, Karu Division, Thursday struck out the charge of unlawful importation and possession of large cache of prohibited firearms and other weapons of mass destruction filed by the Department of State Security (DSS) against four Lebanese.}}
The court also struck out the preliminary objection filed by counsel to the accused, Ahmed Raji (SAN), on Monday, which contested its competence to adjudicate in the matter.
Chief Magistrate Yemi Oyeyipo reached the decision after the prosecuting counsel, Clifford Osagie, had applied to withdraw the charge instituted based on First Information Report (FIR).
Osagie explained that the charges were being withdrawn because facts from the investigation showed that the charges were beyond the jurisdiction of a magistrate court.
“The accuse persons were remanded based on the charge in the FIR, but investigation has progressed extensively and facts that appear in the course of investigation are clearly related to offences outside the jurisdiction of this court,” Osagie submitted.
He, therefore, applied that the FIR file of the accused persons be returned to the DSS, adding: “The case file has been forwarded to the Attorney General of the Federation for further action on the matter.”
In his response, Raji aligned with the submission of the prosecuting counsel that the case be withdrawn and the accused persons discharged for lack of jurisdiction. He said: “As rightly submitted by the prosecuting counsel, offences linked to the FIR border on terrorism, which are beyond the scope of this court.
“Based on this, we filed a preliminary objection on the 17th of June to challenge the court’s jurisdiction. Therefore, in the circumstance, we have no choice than to agree with the prosecuting counsel, and I will be urging this court to strike out the charge.”
“In view of the plea to withdraw the charge against my clients, our preliminary objection has been overtaken by events. The only case they have against the accused persons have been discharged. As far as the charges before this court is concerned, they are out.”
He added: ‘‘They are still being detained and their case is coming up on Friday (today) at the Federal High Court. We are there to enforce their fundamental human rights because they have been detained in excess of the time permitted by law.”
In his ruling, Oyeyipo said: “Having listened to the oral application of the prosecuting counsel and the submission of the defence counsel, I hereby grant as prayed, that the charge filed on the basis of First Information Report on June 5, 2013 is hereby struck out.
“In the circumstance, the preliminary objection filed by the defence counsel is equally struck out and the accused persons are hereby discharged.”
Nevertheless, it was learnt that the accused were not allowed to breathe the air of freedom, as they were immediately re-arrested by the State Security Service.
{NgrGuardian}
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